Need help with question in Schedule A form

[sgrv]

In August 2016, I was charged with "Inattentive or Careless Driving" (a criminal misdemeanour in that particular US state). The charge was dismissed shortly after and the case is closed.

I want to fill out the Schedule A form up-front while submitting my eAPR. In the form, there is a question:

"6. Have you, or if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:

b) been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject to any criminal proceedings in any other country or territory?"

I'm unsure whether to answer Yes or No since I'm not sure if the word "currently" also applies to "on trial for", "party to a crime or offence", "subject to criminal proceedings". What should I answer?

 

[gr0271]

Hey, check this thread. Should answer your question:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/is-traffic-offence-a-criminal-offence.11372/

 

[sgrv]

Hey, check this thread. Should answer your question:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/is-traffic-offence-a-criminal-offence.11372/

Hi, thanks! My offence was definitely a criminal offence in the place where I was charged. But my question is more about the wording of that question -

"been convicted" - no, since I wasn't
"currently charged with" - no, since the charge was dismissed

About the rest of the question, I'm not sure because I don't know if the word "currently" applies, or if they're asking if I "have ever been on trial, ever been party to, ever been subject to"

 

[gr0271]

See I'm no expert, but in Canada, traffic cases like accidents and DUI are considered to be major ones, in your case I do not think its a big deal, especially considering the fact that you have paid the fines and no investigations or hearings are on going.

 

[sgrv]

See I'm no expert, but in Canada, traffic cases like accidents and DUI are considered to be major ones, in your case I do not think its a big deal, especially considering the fact that you have paid the fines and no investigations or hearings are on going.

Yup, I agree. I don't think the Canadian equivalent of my charge is a criminal offence. But that doesn't change the fact that I was charged with a criminal offence, so I still need to answer the statutory questions truthfully. In this case, I want to understand the question correctly since it affects whether I must answer Yes or No.

In the eAPR it asks if I have EVER BEEN charged, so that's easy - Yes.

In the Schedule A, I'm a little uncertain whether they're asking if I'm currently on trial, currently party to, currently subject to, etc. In that case, my answer is No since the case is closed. I'm pretty sure this is what it means. I'm not a native English speaker, so I wanted to confirm.

 

[tobs]

Yup, I agree. I don't think the Canadian equivalent of my charge is a criminal offence. But that doesn't change the fact that I was charged with a criminal offence, so I still need to answer the statutory questions truthfully. In this case, I want to understand the question correctly since it affects whether I must answer Yes or No.

In the eAPR it asks if I have EVER BEEN charged, so that's easy - Yes.

In the Schedule A, I'm a little uncertain whether they're asking if I'm currently on trial, currently party to, currently subject to, etc. In that case, my answer is No since the case is closed. I'm pretty sure this is what it means. I'm not a native English speaker, so I wanted to confirm.

I think the answer to your question is yes. Read the bolded parts below.
Have you, or if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:

b) been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject to any criminal proceedings in any other country or territory?"

 

[gr0271]

This might help. Have a look
https://immigrationcanada.pro/criminal-issues/